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The Lawfare Podcast

Lawfare Daily: Patronage Pardons: A Conversation with Prof. Lee Kovarsky about a Novel Feature of the Trump Administration

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.76.4K Ratings

🗓️ 27 February 2026

⏱️ 42 minutes

🧾️ Download transcript

Summary

Lee Kovarsky, an endowed chair professor at the University of Texas School of Law, speaks with Senior Editor Roger Parloff about patronage pardons, the subject of his forthcoming article in the Duke Law Journal.

Patronage pardons are pardons a president issues to reward and possibly even induce criminality by political supporters. Kovarsky discusses whether the founders anticipated such pardons, gives examples of such pardons, explores how they differ from ordinary pardons, and ponders whether anything can be done to rein them in.

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Transcript

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0:00.0

The Electronic Communications Privacy Act turns 40 this year, and it's showing its age.

0:06.0

On Friday, March 6th, Lawfare and Georgetown Law are bringing together leading scholars,

0:11.1

practitioners, and former government officials for installing updates to ECPA, a half-day event

0:16.6

on what's broken with the statute and how to fix it. The event is free and open to the public,

0:21.4

in person and online. Visit lawfaremedia.org slash ECPA event. That's lawfaremedia.org

0:28.2

slash ECPA event for details and to register. The point is you wanted to do this quickly and publicly, again, to communicate to people who might contemplate transgression, vigilanteism, on his behalf that if they align themselves with Maga, then there is protection waiting for them at the end of any adverse

0:56.5

criminal consequence.

0:58.4

It's the Lawfare podcast.

1:00.8

I'm Roger Parloff, senior editor at Lawfare, and I'm with Lee Kavarski, an endowed chair

1:06.6

professor at the University of Texas School of Law.

1:10.4

It seems like none of these people are all that worried about disobeying court orders,

1:16.6

about ignoring rules.

1:18.9

And some of that's because they know they're not going to be prosecuted by the Trump

1:21.4

Justice Department.

1:22.6

And another piece of it is probably because they know they're going to get a blanket

1:26.0

pardon when Trump leaves office.

1:28.1

Today we're talking about patronage pardons.

1:31.5

That is, pardons that are president grants in order to excuse and maybe even induce criminality by his political supporters.

1:41.0

So, Lee, you have a very interesting new article coming out in the Duke Law Journal called

1:48.0

patronage pardons. What is a patronage pardon? A patronage pardon is a concept that I came up with.

1:56.7

I need a snazzy buzzword for it. But the idea is that it's a pardon that serves a dual function.

2:04.3

Not only does it spare, it's recipient from criminal punishment, but it also operates as a form of communication to people who might be contemplating transgression on behalf of the president's behalf.

...

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